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1 CHAPTER I 1. Short title. These rules may be called the Gujarat Town Planning and Urban Development Rules, 1979. 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) “Act” means the Gujarat Town Planning and Urban Development Act, 1976; (b) “section” means section of the Act. (2) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act.

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1

CHAPTER I 1. Short title.

These rules may be called the Gujarat Town Planning and Urban Development Rules,

1979.

2. Definitions.

(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Gujarat Town Planning and Urban Development Act,

1976;

(b) “section” means section of the Act.

(2) Words and expressions used but not defined in these rules shall have the

meanings assigned to them in the Act.

2

CHAPTER II 3. Manner of preparation of draft development plan and

its submission to State Government by the Officer appointed under section 9(2).

The authorized Officer shall prepare and submit the draft development plan after

carrying out the survey of the area within the jurisdiction of the area development

authority. For the purpose of carrying out survey of the area and preparation of the

draft development plan the authorized Officer shall after giving 24 hours notice in

writing to the owner, occupier or other person interested in the land unless such owner

or occupier has given consent to such entry upon, survey, mark out such land and do

all things necessary for such purposes and then proceed to prepare development plan

in the manner provided in sections 10, 11 and 12. After the development plan is

prepared the said Officer shall submit the same to the State Government through the

Chief Town Planner alongwith the particulars referred to in sub-section (2) of section

13.

4. Use of distinguishing colours in draft development plan under section 11.

The distinguishing colours to be used in the draft plan under section 11 shall be as under:

Sr. No. Land use Graphic symbol colour

symbol.

1. Vacant Land (Partly built but

occupied.).

White

2. Residential use. Yellow.

3. Commercial use. Blue.

4. Industrial use. Violet.

5. Agricultural use. Bluish Green.

6. Recreational use. Green.

7. Public purpose. Red.

8. Transport and communications. Grey.

9. Public utilities. Brown.

10. Reservation of land. White with Orange Verge.

11. Waterbody. Light Blue.

3

5. Manner of publication of draft development plan and form of notice for inviting suggestions or modifications to the draft development plan under section 13.

(1) The area development authority or as the case may be the authorized officer

shall, as soon as may be after a draft development plan is prepared and

submitted to the State Government under section 9, cause the development

plan also published by means of a notice in the Official Gazette, and in one or

more Gujarati newspapers circulating within the area declared as development

area.. Such notice shall as far as may be in Form A. Copies of notice shall also

be pasted at the head office of the area development authority or as the case

may be at the prominent place in the development area, as deem fit by the

authorized officer and at other prominent places in the area declared as

development area.

(2) Every notice published under sub-rule (1) shall in pursuance of the provisions

of section 13 announce that if within two months from the date of publication

of the notice in the Official Gazette any member of the public communicates in

writing to the area development authority or as the case may be to the

authorized officer, his objections or suggestions with respect to the

development plan, the development authority or as the case may be the

authorized officer shall consider such objections or suggestions and may

modify such plan as it/he thinks fit.

6. *Manner in which notice for inviting suggestions or

objections to modifications in the draft development plan & Regulations shall be published under section 15 or under the proviso to sub-clause (ii) of clause (a) of sub-section (1) of section 17.

(1) If the modifications made by an area development authority or as the case may

be by the authorized officer in the draft development plan and regulation area

of an extensive or a substantial nature the said authority or as the case may be

the authorized officer shall publish the modifications in the Official Gazette.

These modifications shall also be published, by a notice which shall, as far as

may be, be in Form B in one or more Gujarati newspapers circulating in the

area covered by the draft development plan. The notice shall announce that if

any objections or suggestions in respect of these modifications are received

from the public within two months from the date of Publication of the

modifications in the Official Gazette, they shall be considered by the area

*

As per Notification No. GH/VI 25 of 1987/TPA 1284 - 1871- V dt. 22-01-87.

4

development authority or as the case may be by the authorized officer before

finally submitting the development plan to Government for sanction.

(2) On receipt of the draft development plan under section 16, if the State

Government is of the opinion that substantial modifications in the draft

development plan and regulations are necessary, the State Government may

publish the modifications so considered necessary in the Official Gazette. The

State Government shall also publish these modifications by notice in one or

more newspapers in the regional language circulating in the area covered by

the draft development plan. The notice shall announce that if any suggestions

or objections in respect of these modification are received by Government

from the public within two months from the date of publication of the

modifications in the Official Gazette, the State Government before according

sanction to the draft development plan and the regulations, shall consider

objections and suggestions so received.

7. Period within which the draft development plan and the regulations shall be sanctioned under sub-clause (I) of clause (a) of sub-section (1) of section 17.-

(1) The State Government may sanction the draft development plan and the

regulations submitted to it under section 16 within a period of 12 months from

the date of receipt by the State Government, if no modification is proposed.

(2) If any modifications in the draft development plan or the regulations submitted

to the State Government under section 16 are considered necessary by the State

Government then the State Government may sanction the draft development

plan and the regulations with modifications within a period of twenty four

months from the date of receipt by the State Government .

5

CHAPTER III 8. Rules 3 to 7 also to apply to urban development

authority. The provision of rules 3 to 7 applicable to the area development authority shall,

mutatis mutandis to apply the urban development authority.

6

CHAPTER IV 9. Form of application for development permission under

section 27 and 49. An application for permission for development shall so far as may be, be in Form C.

10. Form of permission to be granted under sections 29

and 49. The permission to be granted under section 29 and 49 shall be in Form D.

11. Manner of making inquiry under sections 29, 34 and

49.

(1) For the purpose of making an inquiry under sub-section (5) of section 29, sub-

section (4) of section 34 and clause (d) of sub-section (1) of section 49

(hereinafter referred to as the aforesaid provisions) the appropriate authority or

as the case may be Authorized Officer shall serve a notice in writing upon the

person contravening any of the aforesaid provisions calling upon him,-

(a) to remove, pull down or alter the building or other work;

(b) to stop any development work being carried on by him;

(c ) to discontinue the use of the property or part of the property;

(d) to restore the land to its original condition as the case may be.

(2) The notice under sub-rule (1) shall as far as may be, be in Form E.

(3) The appropriate development authority if it considers expedient to do so may

appoint a Committee of not less than three of its members to hear such cases.

(4) Any representation which may be made by or on behalf of the person served

with the notice on the date specified under sub-rule (1) or which may be

received on or before such date shall be considered. Minutes shall be kept of

the inquiry so held and the decision arrived at in such inquiry shall be reduced

to writing together with reasons for the same. Reasons for the decision shall be

signed by all persons giving such decision.

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12. Time and manner in which compensation shall be claimed under sub-section (2) of section 33.

(1) The claim for compensation under sub-section (2) of section 33 shall be made

within a period of one month from the date on which the permission granted

under section 29, is revoked or modified by the appropriate authority or as the

case may be, by the authorized Officer under sub-section (1) of section 33.

The owner shall file his claim of compensation in writing with sufficient

documentary evidence to prove that the expenditure incurred by him in

carrying out any development in accordance with the permission granted has

been rendered abortive by revocation or modification of such permission. The

appropriate authority shall give the owner reasonable opportunity of being

heard before finally assessing the amount of compensation.

(2) If the owner does not accept the compensation fixed by the appropriate

authority under sub-section (2) of the section 33 he may give a notice to the

appropriate authority or as the case may be to the authorized officer within

fifteen days from the date of the order by which the compensation is

communicated to him stating that he refuses to accept the compensation.

13. Layout Plan.

The layout plan under sub-section (1) of section 34 shall be submitted in triplicate on a

scale not smaller than 1/500 and shall include therein such of the following particulars

as may be relevant to the layout, namely :-

(i) sub-divisions of the plot.

(ii) site plan showing the existing access to the land included in the layout plan and

the surrounding lands;

(iii) the dimensions and area of each of the proposed sub-division,

(iv) Widths of the proposed streets;

(v) dimensions and area of open space provided for in the layout plan,

(vi) use of the plot proposed to be made by him.

(2) The appropriate authority or the authorized officer to whom the plan under

sub-section (1) of section 34 is submitted may sanction the plan or refuse to

sanction the plan as far as practicable within a period of two months and in any

case not later than six months.

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14. Manner of making an application for withdrawal of notice under sub-section (3) of section 36.-

The application under sub-section (3) of section 36 shall contain sufficient reasons

substantiated by documentary evidence as to why the notice under sub-section (1) of

the said section 36 should be withdrawn. 15. Documents and plans to be given under sub-section

(1) of section 39. The documents and plans to be accompanied with the intimation for carrying out any

development work under sub-section (1) of section 39 shall be as follows :-

(1) An official letter of the Government department addressed to the appropriate

authority or as the case may be to the authorized officer seeking the permission

for carrying out the development work or any operational construction with

full particulars thereof.

(2) Building plan for the proposed development work to a scale of not less than

1/100.

(3) Plans showing complete details of the operational construction as defined

under clause (xvii) of section 2 such as detailed alignments, layouts, locations,

and such other matters with measurements.

(4) Statement indicating the use of land proposed to be made by the Government

department by carrying out the development work.

(5) The proposals of the draft development plan, final development plan or Town

Planning Scheme affecting the land :

Provided that in the case of works proposed to be undertaken by the local military

authority of the Defence Ministry, the provisions of clauses (2) and (3) shall not apply

and such authority shall be required to submit the layout plan of such works.

9

CHAPTER V 16. Publication of declaration under section 41.

(1) The declaration under sub-section (1) of section 41 shall be published in the

Official Gazette and shall also be published by means of an advertisement in

one or more Gujarati newspapers circulating within the jurisdiction of the

appropriate authority. The appropriate authority shall cause copies of such

advertisement to be pasted in the prominent places in or near the area included

in the scheme and at the head office of the appropriate authority.

(2) Every advertisement published under sub-rule (1) shall contain the resolution

of the appropriate authority in respect of the declaration under section 41 and

shall announce that a copy of the plan of the area proposed to be included in

the town planning scheme and the surrounding lands is kept open for

inspection of the public at the head office of the appropriate authority during

office hours.

17. Meeting of owners and framing of tentative proposals.

For the purpose of making the draft scheme under section 42 the appropriate authority

shall call a meeting or meetings of the owners of the lands included in a town planning

scheme by a public notice as well as by individual notice to every owner whose

address is known to the appropriate authority and explain in such meeting the tentative

proposals of the draft scheme for eliciting public opinion and suggestions on the said

proposals. The appropriate authority may take into consideration all such suggestions

made and objections raised on the proposals for making the draft scheme under section

42.

18. Publication of draft scheme under section 42.

(1) The draft scheme under section 42 shall be published by means of an

advertisement in the Official Gazette and shall also be published in one or

more Gujarati newspapers circulating within the area of the appropriate

authority. The appropriate authority shall also cause copies of such

advertisement to be pasted at the head office of the appropriate authority and at

other prominent places in or near the area included in the draft scheme. The

advertisement shall state that a copy of the scheme is open for public

inspection at the head office of the appropriate authority during office hours.

(2) Every advertisement published under sub-rule (1) shall announce that if within

one month from the date of publication of the draft scheme in the Official

Gazette any person affected by such scheme communicate in writing to the

appropriate authority any objection relating to such scheme, the appropriate

10

authority shall consider such objections before submitting the draft scheme to

State Government under section 48.

19. Rule 18 to apply to publication of draft scheme made

by an officer appointed by the State Government. The provision of rule 18 regarding the publication of the draft scheme by the

appropriate authority shall mutatis mutandis apply to the publication of a draft scheme

to be made by an officer under sub-section (2) of section 42.

20. Manner of publication of draft scheme under section

43. On the publication of the notification under sub-section (1) of section 43, the

appropriate authority shall make and publish a draft scheme in the manner provided in

rule 18.

21. *Other particulars of draft scheme under section 44(h).

The draft scheme under section 44 shall contain the following particulars in addition to

the particulars specified in clauses (a) to (g) of section 44, namely-

(i) An index map on a scale not smaller than one Cm. to seventy five Mts.

Showing :

(a) The area included in the scheme and the surroundings within

reasonable limit on all sides of such area; and

(b) all existing roads and means of communications of every kind.

(ii) A plan on a scale not smaller than one Cm. to twenty five Mts. showing the

original plots with identification numbers and all existing buildings.

(iii) A plan on a scale not smaller than one Cm. to twenty five Mts. showing both

the original plots and the manner in which it is proposed to alter the boundaries

of the original plots.

(iv) A plan on a scale not smaller than one Cm. to twenty five Mts., showing the

boundaries of the plots as they will appear after the final scheme is executed,

with their numbers and illustrating as far as possible by means of colours,

* As per Notification No. GH/VI 25 of 1987/TPA 1284 - 1871- V dt. 22-01-87.

11

letters and explanatory notes or in some other convenient manner all such

provisions of the scheme as may properly be illustrated in the plan.

(v) A redistribution and valuation statement in Form F showing the estimated

amounts to be paid to or by each of the owners included in the scheme.

(vi) A copy of the estimates of all works contemplated in the scheme and a

statement of the approximate dates by which the respective works are expected

to be completed, such approximate dates being correct to within six months

and binding on the appropriate authority.

(iii) A statement in Form G explaining the estimated financial expenditure of the

scheme.

(iv) Regulations for the control of development within the scheme area.

22. Manner and method of compensation payable under

section 45.

(1) The compensation payable under section 45 shall be difference between the

value of the property (inclusive of structures) on the basis of the existing use

and that on the basis of permitted use both values being determined as on the

date of declaration of intention to prepare the scheme. (2) In making the valuation on the basis of permitted use, allowance shall be made

for the expenses that may have to be incurred in so converting the existing

structures as to make them suitable for permitted use.

(3) In case provision is made for continuance of the existing use for a number of

years taking into consideration the future life of the structure the compensation

payable shall be limited to the present value of the standing structure less value

of the materials at the end of such period.

(4) The compensation payable under this rule shall be paid in the same manner as

any other compensation under the Act.

23. Inquiry procedure where ownership is disputed.

(1) The Officer appointed to hold an inquiry under section 46 shall while the

inquiry is proceeding, record a minute of the proceedings including the

material averments, made by the parties interested, the material parts of the

evidence, the decision and the reasons for the decision.

(2) Such inquiry shall be held in public and a notice of the proposed inquiry shall

be given to all the parties concerned fifteen days before the commencement of

the inquiry.

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24. Appointment of town planning officer possessing

prescribed qualifications under section 50.

(1) A person to be appointed as a Town Planning officer shall be one who holds or

has held a post of Assistant Town Planner in the Town Planning and Valuation

Department and has at least 5 years experience in Town Planning and

Valuation or a post higher in rank than that of post in the Town Planning and

Valuation Department and has at least 3 years’ experience in Town Planning

and Valuation;

(2) The appointment of Town Planning Officer shall be made by an order, a copy

of which shall be forwarded to the concerned appropriate authority. The

appropriate authority shall immediately affix such order on the notice board of

the office and also at prominent places within the area of the jurisdiction of the

appropriate authority.

25. Assistance by the appropriate authority.

The appropriate authority shall render all reasonable assistance to the Town Planning

Officer and shall allow him to examine freely all papers, documents and plan

connected with the scheme.

26. Procedure to be followed by Town Planning officer

under section 51 and under sub-section (1) of section 52.

(1) For the purpose of preparing the preliminary scheme and final scheme the

Town Planning Officer shall give notice in Form H of the date on which he

will commence his duties and shall state therein the time, as provided in Rule

37 within which the owner of any property or right which is injuriously

affected by the making of a Town Planning Scheme shall be entitled under

section 82 to make a claim before him. Such notice shall be published in the

Official Gazette and in one or more Gujarati newspapers circulating within the

area of the appropriate authority and shall be pasted in prominent places at or

near the areas comprised in the scheme and at the office of the Town Planning

Officer.

(2) The Town Planning Officer shall after the date fixed in the notice given under

sub-rule (1), continue to carry on his duties as far as possible on working days

and during working hours.

(3) The Town Planning Officer shall, before proceeding to deal with the matters

specified in section 52, publish a notice in Form H in the Official Gazette and

13

in one or more Gujarati newspapers circulating within the area of the

appropriate authority. Such notice shall specify the matters which are

proposed to be decided by the Town Planning Officer and State that all persons

who are interested in the plots or are affected by any of the matters specified in

the notice shall communicate in writing their objections to the Town Planning

Officer within a period of twenty days from the publication of notice in the

Official Gazette. Such notice shall also be pasted at the office of the Town

Planning Officer and of the appropriate authority and the substance of such

notice shall be pasted at convenient places in the said locality.

(4) The Town Planning Officer shall give every person interested in any land

affected by any particular of the scheme sufficient opportunity of stating their

views and shall not give any decision till he has duly considered their

representations if any.

(5) If during the proceedings, it appears to the Town Planning Officer that there

are conflicting claims or any difference of opinion with regard to any part of

the scheme, the town Planning Officer shall record a brief minute in his own

hand setting out the points at issue and the necessary particulars, and shall give

a decision with the reasons therefore. All such minutes shall be appended to

the scheme.

(6) The Town Planning Officer shall record and enter in the scheme every decision

given by him. The calculations and estimates shall be set out and recorded in

Form F, Form G and in other statements as may be prepared by the Town

Planning Officer.

(7) The scheme as drawn up by the town Planning Officer shall include

particulars specified in rule 21 read with section 52.

(8) The component parts of the scheme shall be so arranged that they may be

readily referred to in connection with the map and plans.

(9) The Town Planning Officer shall publish the scheme drawn up by him by

notification in the Official Gazette in Form I and also by means of an

advertisement in one or more local newspapers announcing that the scheme

shall be open for the inspection of the public during office hours at his office

and communicate forthwith the decisions taken by him in respect of each plot

to the owner or person interested, by the issue of the requisite extract from the

scheme in Form J and Form K as the case may be. The Town Planning Officer

shall also inform the President of the Board of Appeal about the publication of

final scheme.

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27. Manner of drawing of preliminary scheme and final scheme under Section 52.

The preliminary scheme drawn up by the Town Planning Officer shall contain relevant

plans and forms with details referred to in rule 21 and the decisions recorded by the

Town Planning Officer under sub-section (1) of section 52. The final scheme drawn

up by the Town Planning Officer shall contain all plans of the preliminary scheme,

forms, regulations for control of development and decisions recorded by the Town

Planning Officer under sub-section (3) of section 52.

28. Constitution of Board of Appeal.

(1) As soon as the Board of Appeal is constituted under section 55 same shall be

notified in the Official Gazette by the President of the Board of Appeal within

one month of the date on which the President receives information from the

Town Planning Officer regarding the Publication of the final scheme and shall

be communicated to the appropriate authority concerned. The appropriate

authority concerned shall give publicity to the constitution of the Board of

Appeal by pasting up copy of notification at its office and in some prominent

places within the jurisdiction of the appropriate authority.

(2) Out of the two Assessors appointed on Board of Appeal one assess or shall be

a person who possesses a degree in Civil Engineering or Architecture or degree

or diploma in city town planning or regional planning or valuation of a

recognized University or institution or a membership obtained by examination

of Institute of Town Planners of India and has about five years experience in

town planning valuation and the other assessor shall be a person who possesses

a degree of law of a recognized university and has practiced for five years as

an advocate or has worked in the capacity of a legal adviser in a reputed firm

or in the office of a local authority or a Government office for five years.

29. Procedure of the Board of Appeal for deciding Appeals.-

(1) No business shall be transacted by the Board of Appeal unless all the members

are present.

(2) Where any member of the Board ceases to act the Board shall proceed with

any business in hand as soon as a new member is appointed under sub-section

(4) of section 55 and it shall not be necessary to transact any business de-novo

by reason of such change in the constitution of the Board.

(3) The Board shall record their decisions in writing in any case where the

proposal of the Town Planning Officer under clause (iii), (iv),(vi),(vii),(viii)

and (x) of sub-section (3) of section 52 are modified varied or rejected by

them.

15

(4) On receipt of a copy of appeal presented to under section 54, the Board of

appeal shall give such notice as it deems sufficient to the parties concerned.

(5) The Board shall meet and adjourn as it thinks proper with due regard to the

dispatch of business, but shall decide all appeals received within a period of 12

months from the date of constitution of the Board of Appeal.

30. Submission of final scheme by the Town planning officer to State Government for sanction under section 62.

The Town Planning Officer shall submit the final scheme to the State Government for

sanction after making necessary variation in accordance with the decision of the Board

of Appeal within four months from the date of receipt of the decision of the Board of

Appeal.

31. Publicity of notification under section 65.

The notification published under section 65 shall be given publicity also by means of

an advertisement in one or more Gujarati newspapers circulating within the

jurisdiction of the appropriate authority concerned and by posting copies of the

advertisement in or near the area included in the scheme and at the office of the

appropriate authority.

32. Appropriate authority concerned to forward copy of

Preliminary scheme and final scheme.

When a scheme is sanctioned by the State Government under sub-section (1) of

section 65, the appropriate authority concerned shall without delay forward a copy of

the scheme to the Superintendent of Land Records of the Region for the purpose of

correcting the survey records.

33. Procedure for eviction under Section 68.

(1) For eviction under section 68, the appropriate authority shall follow the

following procedure viz. -

(a) The appropriate authority shall in the first instance serve a notice upon

a person to be evicted requiring him, within such reasonable time as

may be specified in the notice, to vacate the land.

16

(b) If the person to be evicted fails to comply with the requirement of the

notice, the appropriate authority shall depute any Officer or Servant to

remove him.

(c) If the person to be evicted resists or obstructs the Officer or Servant

deputed under clause (b) or if he re-occupies the land after eviction, the

appropriate authority shall prosecute him under section 188 of the

Indian Penal Code.

34. Notice before Enforcement of Scheme.

Before removing, pulling down or altering any building or other work, under sub-

section (1) of section 69, the appropriate authority shall serve a notice on the owner or

occupier of the building or work, as the case may be, calling upon him to remove, pull

down or alter such building or work or execute such work within such reasonable time

as may be specified in the notice intimating him the intention of the appropriate

authority to do so on failure to comply with the requirement of the notice. Such notice

shall as far as may be, be in Form L.

35. Variation of Scheme.

(1) The appropriate authority making an application for the variation of a scheme

under sub-section (1) of section 70 shall state in such application all the

particulars in respect of the variation to be made.

(2) If such variation affects any of the items of Form F or Form G an extract from

Form F and a revised statement in Form G, together with a plan showing the

change or changes proposed to be made, shall be sent in duplicate along with

the application made under sub-rule (1).

(3) The publication of the draft variation under sub-section (2) of section 70 shall

be made by means of a Notification published in the Official Gazette and in

one or more Gujarati newspapers circulating within the jurisdiction of the

appropriate authority. Such Notification shall also state that any person

affected by the draft variation may communicate in writing any objection to

such variation to the State Government *through the collector* and that the

draft variation shall be open to the inspection of the public at the office of the

appropriate authority during Office hours. The State Government shall also

supply the approximate authority with such number of copies of the

Notification, not exceeding fifteen as the appropriate authority in prominent

places within the area affected by the scheme and more particularly within the

areas affected by the draft variation.

* As per Notification dated 22-01-87.

17

(4) When a variation is made under sub-section (6) of section 70 the Town

Planning Officer, and where no Town Planning Officer is appointed, the

Collector shall, as soon as may be, forward a copy of such variation to the

Superintendent of Land Records, who shall correct the Survey Record affected

by the variation.

36. Manner of publication of variation in “Scheme regulation” under section 72 (a)

(1) The appropriate authority before making variation in regulations of final

scheme under section 72 shall publish the notification containing the proposed

variations in the Official Gazette. Such notification shall state that the

appropriate authority has prepared draft amendment in the Scheme regulations

and that the same are kept open for public inspection at the Office of the

appropriate authority during Office hours on working days inviting the persons

affected by the draft amendment and the plot owners in the scheme area to file

their suggestions and objections on the draft amendment within a period of one

month from the date of publication of Notification in Government Gazette.

The appropriate authority shall also publish such notification in one or more

Local newspapers published in regional language and circulating within the

area of the appropriate authority.

(2) The State Government may sanction with or without modification the draft

amendments in Scheme regulations under clause (d) of section 72 within a

period of two months from the date of receipt of the draft amendment with

application from the appropriate authority for sanction.

18

CHAPTER VI

37. Period within which compensation may be claimed.

The claim under section 82 shall be made within three months from the date fixed in

the notice given under sub-rule (1) of rule 26.

38. Time limit for payment under sub-section (2) of section 85.

The owner of a plot shall make payment under section 85 within a period or three

months from the date on which the owner is directed by the Town Planning Officer to

make payment.

39. Temporary borrowing by the appropriate authority.

The appropriate authority may for the purpose of (a) meeting expenditure debitable to

capital account and (b) for re-paying any loan previously taken under this Act properly

chargeable to revenue, borrow by way of temporary loan or overdraft from any bank

or otherwise, such sums as it may require, on such terms and conditions as the

appropriate authority thinks fit. The amount so borrowed together with the interest

thereon shall be repaid from the current account within a period of twelve months

from the date of the temporary borrowing ; or such extended period as State

Government may allow.

40. Manner of issuing Securities.

Every bond, obligation ; debenture or other Security issued by the appropriate

authority for raising money or for securing money borrowed by or due from the

appropriate authority shall be by deed under the common seal of the appropriate

authority and signed autographically by the Chief Executive Authority of the

appropriate authority or any other officer authorized by the appropriate authority in

that behalf.

41. Register of Securities to be kept.

The appropriate authority shall keep a register of bonds, debentures and other

securities in prescribed Form M.

42. Instructions which may be issued for transfer of Securities.

The appropriate authority may from time to time issue instructions for controlling the

transfers of any bond, debenture or other security as it may deem expedient provided

that no such instructions affect the holder or transferee of any bond, debenture or other

security unless distinct notice of such instructions shall appear thereon.

19

43. Assigning or conveying property of the appropriate authority for certain purpose.

The appropriate authority may for the purpose of securing the payment of any such

bonds, debentures or other securities as aforesaid or the payment with interest of any

money so borrowed as aforesaid, or payable under any contract or otherwise make and

carry into effect any arrangement which an appropriate authority may deem expedient

by assigning or conveying any property of an appropriate authority including its

revenues, to trustees.

44. Debentures ordinarily payable to bearer.

Unless otherwise resolved by the appropriate authority in general meeting, any

debentures which may be issued by such appropriate authority may be so framed that

the principal money and interest thereby secured shall be payable to the bearer and

free from any equities between such appropriate authority and the persons to whom

the same may be issued.

45. Particulars of borrowing on guarantee to be furnished.

Where the appropriate authority proposes to borrow money on the guarantee of the

State Government the appropriate authority shall furnish to the State Government all

such particulars of the amount, purpose, nature and circumstances of the proposed

borrowings and the amount of outstanding loans and such other information as the

State Government may require.

46. Saving for the State Government.

No Security shall be issued or granted as a security in respect of which the payment of

the principal and interest is guaranteed by the State Government, until the amount,

price, rate of interest, date and method of issue of such security, the arrangement for

the application of the proceeds of the issue and for repayment of the proceeds have

been previously approved by the State Government and no variation of any such

arrangements shall be made without the like approval of the State Government.

47. Budget and Programme of work under section 94.

(1) The appropriate authority shall submit to the State Government for approval

before 1st day of February of each year the annual Financial Statement and

programme of work, in triplicate for the succeeding financial year.

(2) The annual financial statement and the supplementary financial statement, if

any, shall be in Form N and the Programme of work in Form O.

20

(3) The Annual financial statement shall be accompanied by statement of

honoraria and salaries and allowances of members, officers and servants of an

appropriate authority in Form P.

(4) The appropriate authority shall forward to the State Government with its

programme of work a note giving history and description of each work or

project including interalia the progress made, expenditure incurred, and

receipts accrued in the previous year in respect of continuing work or projects.

The note shall, in particular, bring out the financial implications of each work

or project.

48. Maintaining of Accounts.

The annual statement of accounts including balance sheet of an appropriate authority

under sub-section (1) of section 95 shall be in Form Q.

49. Annual Report and Other returns.

(1) The appropriate authority shall within three months of the date of closing of

each year submit Annual Report to the State Government.

(2) The report shall contain interalia particulars regarding the –

(a) Programme of work for the year under report.

(b) Progress of work during the year with particular reference to the –

(i) Land acquired;

(ii) Development carried out;

(iii) Amenities provided;

(iv) Town Planning Schemes Prepared;

(v) Development Plans Prepared;

(vi) Details of any other activities entrusted to and undertaken by

the appropriate authority in accordance with the Act.

(c) Finances of the appropriate authority.

(d) Changes, if any, in the constitution of the appropriate authority.

(e) The staff of the appropriate authority for the head quarters work and

field work project-wise and scheme-wise.

(f) Directions given by the State Government to the appropriate authority

and their compliance.

21

(3) The appropriate authority shall also submit to the State Government by the 1st

November of each year a progress report based on its working and accounts of

the first six months of the year.

22

CHAPTER VII

50. Publication of Notification for levy of Development Charges under section 99.

(1) The notification regarding levy of development charge under section 99 shall

be published by the appropriate authority in Official Gazette as well as in one

or more Gujarati newspapers in regional language circulating within the area of

the appropriate authority. Notice giving the extract of the Notification

showing the rate of development charge for different area and for different

uses as approved by the State Government shall be affixed on the Notice Board

of the appropriate authority alongwith a Plan of the area showing boundaries of

different areas and uses for which different development charge may have been

approved by the State Government.

(2) Before submitting a proposal to the State Government for giving sanction to

the levy of development charge in the area, the appropriate authority shall

prepare a draft proposal giving rates of development charge for different area

and for different use and publish the draft proposal in the Official Gazette by

notification as well as by an advertisement in one or more local newspapers in

regional language circulating in the area of the appropriate authority inviting

general public to give their suggestions and objections on the draft proposal , *within 3 months from the date of publication of draft proposal in the office of

Gazette*

(3) The notice regarding draft proposal to levy development charge shall also be

affixed on the notice board of the appropriate authority and at prominent places

in the area of the appropriate authority.

(4) The draft proposal to levy the development charge shall show the grounds and

reasons for working out the various rates of development charge for different

areas and uses.

(5) After considering the suggestions and objections that may be received on

publication of the draft proposal under sub-rule (2) on merits and after giving

individual hearing to all where any application is made in this regards, the

appropriate authority shall submit the proposal to levy development charge to

the State Government for sanction.

(6) The proposal shall be submitted to the State Government for sanction

alongwith all suggestions and objection applications that may have been

received by the appropriate authority and the minutes of the personal hearing

that may have been conducted at the request of any individual. While applying

for the State Government sanction to the levy of development charge, the

* As per Notification dated 22-01-87.

23

appropriate authority shall substantiate the proposal with statements, plans

estimates, development works likely to be undertaken in the area etc.

51. Assessment and recovery of development charges under section 101.

(1) If before the notification for levy of development charge is issued under

section 99, any person has commenced the carrying out of any development

work or has carried out such development or instituted or changed use of any

land or building for which permission is required under this Act, he shall

within three months from the date of publication of notification in Official

Gazette make application to the appropriate authority for the assessment of

development charge. In other cases i.e. in cases where development work or

change in use of any land or building is to be undertaken after the publication

of the notification in the Official Gazette, application for assessment of

development charge shall be made prior to 3 months before undertaking the

work alongwith the application for permission for such work.

(2) The application shall be accompanied by plan giving the boundary of the plot

or land, its area, its plot No. or S.No, name of Town Planning Scheme or name

of village to which the plot No. or S. No. belongs detail building plan of the

construction with floor area of each floor, if any construction is proposed, for

assessment of development charge,

(3) Before deciding the development charge the applicant shall be given an

opportunity to explain his scheme and explain various plans and documents

that may be submitted by him.

(4) After giving sufficient opportunity to the applicant, and after considering the

representation that may be received, the development charge shall be assessed

and communicated to the applicant as early as possible.

52. Making of appeal under section 103.

(1) Appeal on the order of the appropriate authority for assessment of development

charge shall give reasons of appeal and it shall accompany with required

documents, plans, evidence, etc., in support of the various statements that may

be made in the Appeal.

(2) Only those appeals which are received within the period prescribed under sub-

section (1) of section 103 shall be accepted and registered while the rest of the

appeals shall not be registered unless genuine and satisfactory reasons are

given in the appeal for filing the appeal late after the expiry of prescribed

period.

(3) Separate appeal for each plot or Sr. No. shall be filed and it shall be

accompanied by fee, on the basis of Rs.5 for every Rs.100 but not exceeding

Rs.250 in any case.

24

(4) Form of Securities that may be furnished for payment of development charge

under sub-section (5) of section 103 shall be free from any encumbrance and

they shall not be subject to any mortgage, attachment etc. Such securities shall

be easily realisable and shall be of value not less than the total amount of

development charge assessed.

(5) Amount of development charge levied on each plot or S.No. shall be the first

charge on the plot or land and shall be realised on default of payment in the

manner as available for recovery of land revenue.

(6) The appropriate authority shall take steps to implement the decision of the

Tribunal by

(i) recovering amount of development charge as fixed by the Tribunal.

(ii) by making fresh assessment if the Tribunal has so directed; or

(iii) by implementing any other order passed by the Tribunal in the matter.

25

CHAPTER VIII

53. Documents etc. to be accessible.

(1) Documents, plans and maps relating to a finally sanctioned scheme

(preliminary as well as final) shall be kept open for public inspection at the

head office of the appropriate authority at any time during office hours of the

appropriate authority for a period of six months from the date of the Official

Gazette in which the sanction was published.

(2) All Town Planning Schemes (Preliminary and Final) finally sanctioned by

Government shall be lodged with the Town Planning and Valuation

Department on the expiry of the period mentioned in sub-rule (1).

(3) The head of Town Planning and Valuation Department may, on an application

of an owner of any plot included in the scheme so sanctioned, issue a

certificate in Form R specifying the area and boundaries of a Final plot, the

nature of the tenure of land of the owner’s title to such a plot and the name of

the person to whom the plot has been allotted under the scheme.

26

FORM-A

(See rule 5)

Area Development Authority

Urban Development Authority

Authorized officer

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976

NO. :-WHEREAS the

Area Development Authority

Urban Development Authority has

Authorized Officer

Prepared and submitted a draft development plan described in the schedule hereto annexed for

the area known as……….to the State Government under section 9 of the Gujarat Town

Planning and Urban Development Act, 1976 (hereinafter referred to as “the said Act”);

NOW, THEREFORE, in pursuance of sub-section (1) of section 13 of the said Act the

Authority/Authorized officer hereby gives notice that any objections and suggestions which

may be received from any person with respect to the draft development plan within a period

of two months from the date of its publication in the Official Gazette shall be considered by

the Authority/Authorized Officer.

SCHEDULE

(Draft development plan and particulars under sub-section (2) of section 13)

Area/Urban Development Authority

Authorized Officer

27

FORM B

(See rule 6)

Area Development Authority

Urban Development Authority

Authorized Officer

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT ,1976.

No. :-WHEREAS the

Area Development Authority

Urban Development Authority has

Authorized Officer

prepared and submitted a draft development plan to the State Government for the area known

as…………and published the same in Part……………………….of the Gujarat Government

Gazette dated the…………….at page…………… ,and notice of which was also given in the

Gujarati News papers dated the …………;

AND WHEREAS objections and suggestions received have been considered by the

Area/Urban Development Authority/Authorized Officer.

AND WHEREAS after considering the objections and suggestions it is proposed to

make modifications as specified in the Schedule annexed hereto;

AND WHEREAS the proposed modifications are of extensive or of substantial nature;

NOW, THEREFORE, in pursuance of section 15 of the Gujarat Town Planning and

Urban Development Act, 1976 (President’s Act No. 27 of 1976) the Authority/Authorized

Officer hereby gives the notice that any objections or suggestions which may be received

from any person with respect to the said modifications within a period of two months from the

date of publication of this notice shall be considered by Government.

SCHEDULE

(Here the appropriate authority or the authorized Officer may state the details

regarding modifications of draft development plan and modifications of particulars).

Area/Urban Development Authority

Authorized Officer

28

FORM –C

(See Rule 9)

Gujarat Town Planning and Urban Development Act, 1976.

Application for permission under Section 27 and 49

To,

The Chief Executive Authority/Authorized Officer,

Area/Urban Development Authority.

I/We here by apply for permission for development as described in the accompanying

maps and drawings.

Signature :

Date :

1. Applicants’ name

2. Postal Address

3. Applicant’s interest in land with

record of rights.

4. Description of land, Revenue village,

Town Planning Scheme, Survey

Number, Final Plot No.

5. What is the present use of the land and

or the building. If they are to be put to

more than one kind of use, please give

details of each use.

6. Please describe in short the

development work stating the

proposed use of land and for the

building. If land and/or the building

are to be put to more than one use,

please give details of each use.

7. Is this land included in a layout

sanctioned by the appropriate

authority? If yes, please give date of

sanction and reference. No, with a

copy of the sanctioned layout. If not,

is it approved by any other Authority?

29

Give the name of such an Authority

with date of sanction and reference

number with a copy of the sanctioned

layout.

8. For residential use, number of

dwelling units and floor area on each

floor.

9. Nature and manner of working of

Industrial and Commercial

establishment in case the proposed use

is for industry/commerce.

What separate arrangements have been

proposed to be made for loading and

unloading of goods from the industrial

or commercial goods vehicles.

What arrangements have been

proposed to be made for disposal of

industrial waste effluent.

Instructions to applicants regarding maps and documents to be submitted alongwith the

application :-

The maps and drawings should be drawn or copies on a paper of proper and durable

quality so that they are clearly and distinctly legible; every map and /or drawing shall have to

be signed by the applicant and his Engineer/Surveyor. If copies of original maps or drawings

are submitted they shall be true copies.

Layout Plan (Three copies)

Layout plan of the whole lands shall invariably accompany every application for

permission to carry out development by way of building construction.

This map shall be drawn to a scale of not less than 1 c.m.=5 meters and show the

following details :-

1. Boundaries of the S. No./Plots mentioned in the application and its layout by forming

sub-divisions.

2. Existing buildings and new buildings proposed to be constructed roads, streets, and

carriage ways constructed thereon (existing construction should be shown distinctly

from the proposed one), proposed new roads, and streets, their levels and width.

3. Proposed use of every building and open space not to be built over within a plot.

30

4. If the layout is for residential use maximum number of dwelling units that can be

accommodated without any increase in future.

5. If the layout is for industrial or commercial use maximum area which can be built

upon without any increase in future.

6. Existing facilities regarding water supply, sewerage, etc. diameter and gradient of

water supply line, drainage, lines for the disposal of storm water as well as for

sewerage.

7. Location of the plot in relation to the nearby public road.

8. Alignment and width of all the existing roads, including the road from which the plot

has access from the major road. Existing access road and proposed new access road, if

any, should be shown clearly and distinctly.

9 Existing trees and natural scenary worth preserving.

10 Drawings (2 copies) to a scale not less than 1 cm.=1 meter for the buildings existing as

well as proposed with floor area for each floor.

31

FORM-D

(See rule 10)

Permission for Development.

Permission is hereby granted/refused under section 29(1)(i) 29(1)(ii) 29(1)(iii) or 49

(1)(b) of the Gujarat Town Planning and Urban Development Act, 1976 (President’s Act No.

27 of 1976.)

to* ……………………..

to** ……………………..

on the following conditions/grounds.

Chief Executive Authority/

Authorized Officer/

Area/Urban Development Authority.

32

FORM-E

(See rule 11) To,

Shri/Shrimati/Kumari*………………………………………………………………

Residing at…………………………………at Room No………………………………….

Taluka………………………………………District………………………………………..

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976.

WHEREAS I the undersigned have reason to believe.

@(i) that you have carried out/are carrying on development work or you have

retained the use of the building in respect of the premises described in the

Schedule annexed hereto etc. in contravention of section 27 or section 28 or a

permission granted under sub-section (1) of section 29;

@(ii) that have you done the work in respect of the premises described in the

Schedule appended hereto in contravention of sub-section (1) of section 34 or

in contravention of the modifications and conditions of sanction given under

sub-section (2) of section 34 by No……………………………dated……….

(iii) that you have contravened the provisions of clause (a) or of a condition

imposed under clause (b) of sub-section (1) of section 49 in respect of the

premises described in the Schedule appended hereto;

NOW, THEREFORE, in pursuance of the provisions of sub-section (5) of section 29/

or sub-section (4) of section 34/or clause (d) of sub-section (1) of section 49 of the Gujarat

Town Planning and Urban Development Act, 1976 (President’s Act No. 27 of 1976):-

(1) You are hereby called upon,-

(a) to remove, pool down or alter

the building or other work;

(b) to stop any development work

being carried on by you.

(c) to discontinue the use of the

property or part of the

property.

OR

(d) to restore the land to its

original conditions as the case

may be within a period of

seven days from the date of

receipt of this notice.

33

(2) You are hereby further informed that,-

(i) if you fail to ,-

(a) remove, pull down or

alter the building or

other work ;

(b) to stop any

development work

being carried on by you

;

(c) to discontinue the use

of the property or part

of the property ;

(d) to restore the land to its

original conditions as

the case may be ;

OR

(ii) If you fail to show cause as to why the proposed order should not be

made the appropriate authority shall,-

(a) remove, pull down or

alter the building or

other work ;

(b) stop any development

work being carried on

by you ;

(c) discontinue the use of

the property or part of

the property ; or

(d) restore the land to its

original conditions as

the case may be.

SCHEDULE

(Description of Work)

Signature of the authorized Officer/

Area/Urban Development Authority.

34

35

FORM-G

(See rule 21 & 35)

Finance of Town Planning Scheme No……….

of the *……………………………….. Rs. …………………………….

Date …………………………………

Expenses under section 40(3) (b), (c),(d),(f),(g) and (h)

Other Expenses.*

Expenses shown in the redistribution and Valuation Statement (total of column 11 of

Form ‘F’).

Cost of publication under section 41(2) and under section 42(1) or (2) Rules 16 to 18.

Compensation under section 49(2) Legal expenses under section 77(1)(e)

compensation under section 82.

Cost of demarcation, salaries of Town Planning officer and Board of Appeal and their

staff and other expenses under section 61(2).

------------------------

(a) Total…………………………..

Total of increments (Col.12 of Form F). Rs. ………………………..

Proportion of increment to be contributed by each holder (Section 79)…………….percent.

Rs. ………………………..

(b) Total of the contribution under section 79. Rs…………………………

NET COST of Scheme to the Appropriate Authority :-

(a)-(b).

*Give name of the Appropriate Authority here.

**In detail (Section or Authority to be quoted.);

Note:- The sign (-) before an item of expenses indicates that the amount is payable to the

Appropriate Authority.

Particulars should be inserted showing how net cost of the Scheme to the Appropriate

Authority is proposed to be met.

36

FORM-H

(See rule 26 (1) and 26 (3))

THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT RULES,1979.

Draft Town Planning Scheme No.

I, the undersigned, Shri…………………………………………………………Town Planning

Officer, ……………………………….hereby inform all the interested and the concerned

persons that the Government of Gujarat by its Notification Panchayats, Housing and Urban

Development Department

No…………………………………….dated…………………………Published in the Gujarat

Government Gazette Part…………………….Page…………………..has appointed me as

Town Planning Officer for the above Scheme. As required by sub-rule (1) of rule 26 of the

Gujarat Town Planning and Urban Development Rules, 1979. I here by give notice that I

have entered upon the duties as Town Planning officer on …………………………, The

above scheme is bounded on North by,……………………., on South

by………………………….., on West by……………………… and on East

by……………………..; As required by rule 26(3) of the rules made under the Gujarat Town

Planning and Urban Development Act, 1976. I hereby inform all those interested or affected

by any of the matters included in the above Town Planning scheme that they should

communicate their objections in writing with requisite evidence and documents before me

within 20 days of the Publication of this notification in the Government Gazette in respect of

the matters mentioned in the section 52 of the Gujarat Town Planning and Urban

Development Act, 1976. Any person who is injuriously affected by the above Town Planning

scheme is entitled to claim the damages in accordance with the section 82 of the Gujarat

Town Planning and Urban Development Act, 1976, and he should communicate the details of

his claim to the undersigned Town Planning Officer within three months of the Publication of

this notification with requisite documents and evidence.

A copy of the Draft Town Planning Scheme No…………sanctioned by the

Government is kept open in the office of the Town Planning Officer during office hours on all

days except holidays with all the required documents, statements, plans forms and all the

persons having interest in the lands and any person affected by the proposals of the Town

Planning Scheme are requested to inspect the scheme in the above office where arrangements

for explaining the scheme proposals have been made.

Date :-

Office of the Town Planning Officer.

TOWN PLANNING OFFICER

TOWN PLANNING SCHEME

37

FORM-I

[See rule 26(9)]

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT RULES,1979.

Town Planning Scheme No.......

PRELIMINARY

FINAL

In accordance with the rule 26(9) of the Gujarat Town Planning and Urban Development

Rules, 1979 and as provided in sub-section (1) of section 52, I have today dated month year

declared my decisions as Town Planning Officer.

As required under section 54 of the Gujarat Town Planning and Urban Development Act,

1976 every owner of the lands included in the Town Planning

Scheme is being sent a copy of my decisions as Town Planning officer in respect of his

property. Any person who is aggrieved of the decision may present an Appeal in respect of

the decision which are appealable to the Board of Appeal to the Principal Judge, Ahmedabad,

District Judge, District Court (with three copies of Memorandum of Appeal) affixing the

requisite Court fee Stamp on the original copy of Memorandum of Appeal.

A copy of the above scheme with all the information, decisions and plans are available for

inspection in the office of the Town Planning Officer on all days excepting holidays during

the office hours and necessary arrangements have been made to explain the scheme.

Date :

Office of the Town Planning Officer. TOWN PLANNING OFFICER,

TOWN PLANNING SCHEME.

38

FORM J

[See rule 26(9)]

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT RULES,1979.

Town Planning Scheme No.......

PRELIMINARY

I send herewith the extract the decisions taken by me in respect of the original Plot

No................. of the above scheme taken in accordance with sub-section (1) of section 52 of

the Gujarat Town Planning and Urban Development Act, 1976 for information to you as

required under sub-rule (9) of rule 26 of the Gujarat Town Planning and Urban Development

Rules, 1979.

Sr. Original Area of original Plot No. of Area of final Remarks

No. Plot No. plot in sq. mt. final plot plot allotted

Allotted in sq. mt.

This preliminary scheme is being submitted to Government for sanction in accordance with

sub-section (2) of Section 52 of the Gujarat Town Planning and Urban Development Act,

1976.

Date : TOWN PLANNING OFFICER,

TOWN PLANNING SCHEME.

39

I have further to inform you as under* :-

(1) The rights of the mortgagor or mortagagoree on the Original Plot No. are transferred

to the Final Plot allotted against the Original Plot.

(2) All the rights of the passage on the lands merged in the Final Plot are hereby

extinguished unless such rights are preserved in column No. 16 of the Form F of the

Scheme.

(3) The Tenure of the Final Plot will be as per the tenure of the Original Plot. Any

agreement in respect of the Original Plot in between you and the appropriate Authority

or the Government are transferred to the Final Plot with the modifications regarding

the area allotted in the Final Plot.

(4) unless decided otherwise you will be permitted to remove the trees, compound wall,

barbed wire, huts sheds and other materials from the original plot within one month of

the date on which the preliminary scheme comes into force or the date fixed by the

Government subject to condition that by doing so you will have to fill in all the holes

resulted on account of removing the trees and other materials.

(5) Any other matter.

40

FORM-K

[See rule 26(9)]

GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT RULES,1979.

Town Planning Scheme

FINAL

I send herewith my decision under sub-section 3 of section 52 of the Gujarat Town

Planning and Urban Development Act, 1976 in respect of the Original Plot No............ as

required by sub-rule (9) in of rule 26 of the Gujarat Town Planning and Urban Development

Rules, 1979.

Sr. Original Area of Original Rate per Remarks Plot No. of the

No. Plot No. Plot in sq. mt. sq. mt. Final plot

City in Rs. Allotted

S. No.

1 2 3 4 5 6

Sr. Area of Final Rate per sq. mt. of the Rate per sq. mt. of the

No. plot in sq. mt. Final Plot without any Final Plot with improv-

City improvement as ement as contemplated

S. NO. contemplated in the Scheme

1 7 8 9

Rs.

The compensation payable to you under section 80 -----------------

Amount payable by you under section 80 -----------------

Estimated amount of the increment under section 78 -----------------

Amount of incremental contribution under section 79 -----------------

The compensation under section 82 -----------------

Net amount of contribution -----------------

Net amount payable to you. -----------------

41

I have further to inform you as under :-*

(1) The final scheme drawn up by me will be available for inspection in the office of the

Town Planning Officer on all the days except holidays during office hours with all the

plans, details of the expenditure, forms and details of the calculation for the plot, sales

statement, sales plan, detailed valuation of each and every plot and my decisions.

Necessary arrangements are also made for explaining the informations as above.

(2) Decisions regarding the compensation and the contribution under section are final. All

the decisions are subject to modifications in accordance with the decisions of the

Board of Appeal. If you are aggrieved by any of the above decisions which are subject

to the decision of the Board of Appeal. You may present the appeal (with three copies

of Memorandum of Appeal) to the Principal Judge, Ahmedabad/District Judge,

District Court affixing the requisite Court fee Stamp on the Original copy of

Memorandum of Appeal in accordance with the provisions of section 54.

(3) All the amount in respect of the Scheme for the works other than agreed upon will be

payable to the appropriate authority on or before the date as Notified by the

Appropriate Authority.

(4) Any other matter.

TOWN PLANNING OFFICER,

TOWN PLANNING SCHEME.

42

FORM-L

(See rule 34)

* Here specify the name of the person contravening any of the provisions

* To,

Shri/Smt./Kumari.* ..................................................................................

Residing at ................Room No.................taluka...................district...........

WHEREAS I, the undersigned have reason to believe,-

@ Here specify the definite act which contravenes the scheme or which does not

comply with the provisions of the Scheme.

(i) that the building or work situated in the area included in the scheme No..............

contravenes the scheme in the following respects:-

(a)

(b)

(c) etc.

(ii) @ that in the erection of the building and carrying out of the work the following

provisions of the scheme have not been complied with

(a)

(b)

(c) etc.

OR

(b) @ Whereas it appears to the undersigned that delay in execution of the following work

which it is your duty to execute under the scheme is likely to prejudice the efficient

operation of the scheme :

describe the work.

(i) ------------------

(ii) ------------------

43

AND WHEREAS in exercise of the powers conferred under sub-section (1) of section

69 of the Gujarat Town Planning and Urban Development Act, 1976 (president's Act No. 27

of 1976) it is proposed to make an order.

* here specify the action proposed to be taken.

(i) to remove *pull down, alter the building or other work as the same contravenes the

scheme or in the erection or carrying out the work the provisions of the scheme have

not been complied with;

(ii) to execute the work which it is your duty to execute under the scheme but the delay in

its execution by you is likely to prejudice the efficient operation of the scheme.

NOW THEREFORE in pursuance of the provisions contained in sub-section (1) of

section 69 of the Act you are hereby called upon to showcause in writing within----@ days

from the date of serving of notice as to why the proposed order of

(i) removing etc., should to be made; or

(ii) Why the work should not be executed by the undersigned.

You are hereby further informed that if you fail to remove, pull down, etc., the work

or if you fail to execute any work which it is your duty to executed under the scheme or if you

fail to show cause against the proposed action the development authority shall remove, pull

down, or alter the building or other work or shall execute any work where delay in the

execution of work would prejudice the efficient operation of the scheme.

Any expenses incurred by the appropriate authority shall be a sum due to appropriate

authority and will be recovered from you.

SCHEME

(Description of work)

Signature of the Authorized Officer,

Area/Urban Development Authority.

44

NAME OF THE REGISTER

FORM-M

(See rule 41)

Bonds, debentures and other securities

Sr. Name of the Number Whether Purchase Face Market Remarks

party and and security price value value

address date bond/

debenture

45

FORM-N

[See rule 47 (2)]

Annual Financial Statement

Sub- Actuals for the previous Budget Revised Budget Remarks

Head three years for the estimates estimates (expla-

current for the for nation for the

year current 19__ increase/

year 19__ decrease)

1 2 3 4 5 6

I. Budget estimates of an Appropriate Authority

(Revenue Receipts)

1. Recoveries of expenditure

2. Sale of tender form

3. Recoveries of fine etc.

4. Hire charges of tools and plants

supervision charges on sale of

material and the other similar

receipts

5. Annual rent of land leased

6. Annual rent of building

7. Forfeiture of deposits

8. Development charges for any

development work

9. Amount of incremental contribution

in Town Planning Scheme

10. Miscellaneous

11. Subventions from the State

Government Deduct refunds,

Net receipts

II. Budget estimates of an Appropriate Authority

(Revenue Expenditure)

I-A Establishment (Administration)-

(a) Pay of Officers

(b) Pay of Establishment

(c) Allowances and honoraria

(d) Contingencies

Total --------------------------------

I-B Establishment (Executive)-

(a) Pay of Officers

(b) Pay of Establishment

46

(c) Allowances and honoraria

(d) Contingencies

Total --------------------------------

-

I-C Establishment (Accounts)-

(a) Pay of Officers

(b) Pay of Establishment

(c) Allowances and honoraria

(d) Contingencies

Total -------------------------------- II. Pension and Leave Contribution

III. Contribution of an Appropriate Authority

to the Staff Provident Fund and Other

Services funds.

IV. Interest on Capital

V. Expenditure connected with the Issue of

new loans

VI. Depreciation :-

(a) Special tools and plants

(b) Vehicles

(c) Building

(e) Other Items

VII. Maintenance and Repairs-

(a) Repairs to tools and Plants (Special)

(b) Repairs to tools and Plants (Ordinary)

VIII. Municipal and other Taxes

IX. Miscellaneous Expenditure-Net

Expenditure on Revenue Account

Total --------------------------------

III. Budget estimates of an Appropriate Authority.

(1) Balance with an Appropriate Authority

as on the beginning of the year.

(2) Loans from Government during the year.

(3) other Loans (Public or Private)

(4) Sale of plots

(5) Sale of building

(6) Other capital receipts

(7) Suspense Account

Total --------------------------------

47

IV. Budget Estimates of an Appropriate

Authority-

(1) Work in progress

(2) Cost of land

(3) (a) New Work exclusive of land

(b) Cost of land

(4) Establishment Charges transferred from

revenue account charged to capital

(5) Tools and Plants

(6) Amount transferred to depreciation fund

(7) Amount transferred to other funds

(8) Suspense Account

Total --------------------------------

48

V BUDGET ESTIMATES OF AN APPROPRIATE AUTHORITY DETAILS OF

WORK IN PROGRESS.

NEW WORKS Name of Work or Project Item of Estimated Expen- Account Budget Revised Budget Remarks Capital cost of work diture to for the for the estimates estimates (Explanation Expen- or project the end year current for the for for increase/ diture of last before year current 19____ decrease year last year 19____ 1 2 3 4 5 6 7 8 9

V. Budget estimates of an appropriate authority details of work in progress. 1. Land Acquisition. 2. Survey and Demarcation. 3. Road. 4. Water work.

(a) Head work. (b) Pipe line.

5. Drainage. (a) Drainage line. (b) Drainage disposal Plants.

6. Electricity. (a) Laying out underground cables. (b) Street Lighting.

7. Buildings.

49

FORM-O

[See rule 47 (2)]

Annual Programme of work

Sr. Name of the Estimated Estimated Expen- Estimated Salient Features

No. Work or cost of diture in the year receipts amenities and

Project work or for which progra- facilities provided

Project mme is proposed in the area

1 2 3 4 5 6

50

FORM-P

[See rule 47 (3)]

Statement of Honoraria, Salaries and Allowances

Name of member/ Scale of Present Hono- Traveling

Officer Servant. Pay. Pay. Raria. allowance

& daily allowance.

1 2 3 4 5

Conveyance Dearness Compen- House Total Remarks

Allowance allowance satory rent columns

Local allowance 4 to 9

Allowance

6 7 8 9 10 11

51

FORM-Q

(See rule 48)

An Appropriate Authority Annual Settlement of Accounts

Previous Sr. Expenditure Rs. Rs. Previous Sr. Income Rs. Rs.

Year No. Year No.

Rs. Rs.

1 2 3 4 5 1 2 3 4 5

I. To establishment I. By sale of tender forms

and other charges.

A. Establishment. II. By recoveries of fines etc.

B. Contingencies and III. By hire purchase of tools.

Municipal taxes.

C. Leave and pension IV. By supervision charges on

incontribution. sale of materials similar

other recoveries.

D. Audit Fees.. V. By annual rent of land

leased by an Appropriate

Authority.

VI. By forfeiture of deposits.

VII. By Miscellaneous

receipts.

VIII. By recovery of

development charge.

IX. By recovery of

incremental contribution in

Town Planning scheme.

Less.- Transferred to (excluding expenditure on income

as per extra Development Expenditure).

II. To interest on Government Loans.

Less Interest received on bank and S.T. Deposits.

Less Balance transferred to-

Development Expenditure.

III. To Depreciation on as per Schedule A.

(Scientific Instruments).

Ordinary tools and Plants

52

Vehicles

Furniture

Telephone

Typewriter and Duplicating Machine.

Amonia Printing Machine.

Photo machine.

Cycle

Franking Machine

Less Transferred to-

(excluding depreciation on tools, plants given

on hire).

Development Expenditure.

IV. To miscellaneous expenditure

To excess o f Income over expenditure

transferred to balance sheet.

53

An Appropriate Authority

Balance Sheet as at 31st March,19……..

.

Figures Liabilities Rs. Rs. Figures Assets Rs. Rs.

for the for the

previous previous

year (Rs) year (Rs)

1 2 3 4 1 2 3 4

Reserves and Surplus Fixed Assets.

(Income and expenditure account (At cost as per Schedule (I)

if any). Gross Value.

Receipts on Capital Account. Less : Depreciation.

Premium price on lease of plots as Capital : Expenditure

Per Schedule IV. (a) Towards development area as

Per Schedule-II.

Loans. (b) Towards construction of

From Government. building as per Schedule-III.

Interest accrued on above.

From others (including interest Current Assets, Loans and

Accrued thereon). Advances.

A. Current Assets.

Deposits (i) Stocks-as Certified by Ex-

Towards cost of construction from Engineer.

Government. (ii) Sundry Debtors-

a. Debtors considered good.

b. Debtors considered doubtful.

Current Liabilities and provisions. Less : Provisions.

(iii) Cash and Bank Balance.

Current Liabilities. a . Cash with Banks.

(1) Deposits. (i) In Deposit A/c..

a. From Contractors. (ii) In current A/c.

b. From other Sources. B. Loans and Advances.

(A) Towards Premium price for a. Loans.

the plot or land. b. Advances for purchase and

(B) Sundry Deposits. expenditure.

(ii) Liabilities for construction c. Advances to staff member.

and other capital expenditure d. Miscellaneous advances

recoverable in cash or kind.

(iii) Liabilities for establlishment e. Sundry advances including

and other including other Other deposits.

deductions.

Income and Expenditure A/c.(if any) Provisions. Deficit to the end of the Previous Year.

(i) For expense.

(ii) For contingent liabilities. Total...........................

54

AN APPROPRIATE AUTHORITY

SCHEDULE-I

Fixed Assets forming part of the Balance Sheet as at

Sr. Description Cost Additions Total Deduc- Deprecia- Deprecia Total Net No. Price during the tions tion upto tion for Deprecia- Balance. At year the end of the year tion. the previous year. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

1. Scientific Instruments. 2. Ordinary tools and Plants. 3. Vehicles. 4. Furniture. 5. Telephones. 6. Typewriter, Duplicating Machines

and Photo Machines. 7. Cycles. 8. Franking Machine etc. 9. Other Assets. 10. Amonia Printing Machine.

TOTAL

AN APPROPRIATE AUTHORITY

SCHEDULE-II.

Capital expenditure towards development of Development Area forming part of

Balance sheet at

Sr. Description Expenditure Expenditure Total Deduction Net No. to the end during the expenditure (Written back) Of the year. Year. 1. 2. 3. 4. 5. 6. 7.

1. Development Expenditure 2. Establishment Expenditure 3. Interest 4. Depreciation

TOTAL.....................

55

AN APPROPRIATE AUTHORITY

SCHEDULE-III.

Capital expenditure towards development of Development Area forming part of

Balance sheet at

Sr. Description Expenditure Expenditure Deduction Net No. to the end during the (Written back) Of the year. Year. 1. 2. 3. 4. 5 6

5. Development Expenditure 6. Establishment Expenditure 7. Interest 8. Depreciation

TOTAL.....................

AN APPROPRIATE AUTHORITY

SCHEDULE-IV.

Capital Receipts : Premium on lease of plots, recovery of development charge and

incremental contribution in the area forming part of balance sheet as at

Sr. Name of area or Town Receipts to Receipts Total Deductions Net No. Planning Scheme the end of during receipts the year the year. 1. 2. 3. 4. 5. 6. 7.

56

FORM-R

[See rule 53(3)]

THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT,1976.

Certificate of Tenure and Title

Town Planning Scheme. No.

(Sanctioned under Government Notification…………………………Department

No……………………….DATED………………………………..and published at

Page…………………………of Official Gazette, dated………………………….)

Final Plot No. Area H. A. Sq.M.or Sq. Mt.

Reputed owner

Present occupant holding the land on...........................years lease since

date..............................M........................................

Sketch of Final Plot No.

(here enter the sketch on scale)

Tenure : Tenure with reference to Original Plot if shown in column No. 3 of Form F of

the final scheme (If there are different tenures for different portions of

the whole plot these will be shown separately on the plan being divided

by a thick chain line).

Title : (Here describe the nature of owner's title as decided by the Town

Planning Officer or Special Officer appointed under Section 46 of the

said Act.)

Rights : (If the owner of the plot has any special rights transferred to his final

plot from the original plot or any new rights given to him under the

scheme these may be entered here).

Disabilities : (Rights of any other owner or person over this plot such as mortgage or

easement etc. may be entered here).

Note : (1) The above plot shall be held subject to all restrictions and

regulations specified in the above Town Planning scheme as

57

finally sanctioned and published by Government under

Notification of……………………….Department.

No………………………Dated……………………and as

regards assessment subject to provision of the Bombay Land

Revenue Code, 1879 as amended from time to time and of the

Rules and orders from time to time issued thereunder.

(2) No buildings or excavations or any other alterations shall be

carried out in the above plot except with the special written

permission of the Appropriate Authority in accordance with the

provision of the said scheme and on payment of development

charge that may be assessed under Section 101 of the Act.

(3) The holder of this certificate of Tenure and Title may apply to

the Collector to have the amount and nature of assessment and

the period of guarantee shown on the certificate. The

Collector's endorsement shall declare that non-agricultural

assessment is, except in case of inam land liable to revision

should the land be appropriated to any nonagricultural use

(Section 48 of the Bombay Land Revenue Code, 1879).

(c) Any other Special regulation in respect of the above plot.

This Certificate is granted under Rule 53(3) of the rules under the Gujarat Town

Planning and Urban Development Act,1976, as a primafacie proof of the tenure, and title of

the owner above named and shall be valid unless declared otherwise by a decree from a Civil

Court with the period of limitation from the date hereof, by and under the hand of the seal of

the head of Town Planning and Valuation Department, Gujarat State,

this................................day of.................................. one thousand nine

hundred...............................................A.D.

Head of Town Planning and Valuation Deptt.

Gujarat State.

By order and in the name of the Governor of Gujarat,

K.D.BUDDHA,

Secretary to Government.

58